Employees (Provision of Information and Consultation) Act 2006

On the 9th April 2006 this Act was signed into law subject to the signing of the necessary Commencement Orders by the Minister for Enterprise Trade and Employment.

The Act provides that employees of undertakings with employee numbers above certain thresholds have the right to be consulted and to receive information with a consequent obligation on such employers to consult and provide information to their employees.

The minimum number of employees to trigger the threshold is 50. Information and consultation will have to cover the following:

• Anticipated developments concerning the activities and economic situation of the employer entity.
• Issues that could impact on the employment structure particularly if there is any threat to employment.
• Where decisions are being contemplated that would result in substantial changes in work organisation or terms and conditions of employment.

The Act provides a framework for the establishment of formal information and consultation arrangements, either by negotiated agreement or pursuant to the standard rules contained with in Schedule 1 of the Act.

The Act provides that employee representatives can be appointed for the purposes envisaged by the Act and the employee concerned cannot be penalised by the employer for fulfilling this function.

Where the obligation arises it must be met in a timely fashion. The Act also provides for enforcement and prosecution for breach.

For further information please contact:
Anthony Layng at alayng@kilroys.ie or Laurena Hughes at lhughes@kilroys.ie

© Kilroys Solicitors April 2006